Business Law Final Essay

In: Business and Management

Submitted By Claudepservices
Words 984
Pages 4
Business Law
Final

Essay Question #2

Unfortunately, it sounds as if Carol was knowingly swindled. Whereas it would seem that Carol would be able to get John’s statements, “was a creampuff” and “this car runs like it was driven by a little, old lady”, she would not be able to. The comments that John made would be seen as puffery most likely. Puffery is unfortunately legal in the United States. A seller is allowed to make statements asserting their opinion of value that the buyer cannot rely on as the basis for the bargain. This is almost a “buyer beware” situation where John’s statements cannot be proven and are speculative in nature. “Creampuff” and “driven by a little, old lady” could also be open to interpretation. However, the statement that John made to Carol, “Definitely would pass inspection” is most definitely an express warranty. “Express warranties are specific promises made by the seller and include oral representations, written representations, descriptions of the goods or services, representations in samples and models, and proof of prior quality of the goods or services.” John made a promise to Carol and represented the car as being “definitely” able to pass inspection. The kid was also acting as an agent for Shady’s when he promised to fix Carol vehicle. Carol may run into the problem of not having a witness hear John’s statements to her and having his statements being considered hearsay. John’s statements about the car being able pass inspection could also be considered an implied warranty. Specifically, the implied warranty of fitness for a particular purpose. Also, Carol most likely has a case under her state’s lemon law. John misrepresented a car to Carol and under the federal lemon law, AS IS does not void the buyer’s rights under the lemon laws.

Essay Question #3

Because Loretta took the steps to report the activities to the…...

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